Maharajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/05/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD).No.6518 of 2021 1.Maharajan 2.Manikandan ... Petitioners/Accused Nos.1 & 2 Vs.

The Inspector of Police, Seelvalaperi Police Station, Seevalaperi, Tirunelvei District.

Cr.No.99 of 2021.

... Respondent/Complainant For Petitioners: Mr.Pragalathan.N, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Cr.No.99 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who are arrayed as Accused Nos.1 & 2, apprehending arrest at the hands of the respondent police for the alleged offences punishable under section 379 IPC, in Crime No.99 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners said to have illegally transported one and half unit of red sand by using a Lorry. Hence, a case has been registered.

3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case. Hence, he prayed for grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the quantity of red sand involved is one and half unit and the same was recovered by the respondent police. He would further submit that no previous case is pending against A2 and and four previous cases are pending against A1.

5.Considering the facts and circumstances of the case and considering the fact that the petitioner/A1 is having four previous cases, this Court is not inclined to grant anticipatory bail to him. Hence, this Criminal Original Petition is dismissed in respect of A1. Insofar as the petitioner/A2 is concerned, this Court is inclined to grant anticipatory bail to the petitioner/A1 with certain conditions.

6.Accordingly, the petitioner/A2 is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.3, Tirunelveli, Tirunelveli District, within a period of fifteen days from the date of receipt of a copy of this order, on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the said Magistrate and on further condition that: [a] the petitioner/A2 and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure his identity;

[b] the petitioner/A2 is directed to deposit a sum of Rs.3,000/- (Rupees Three Thousand only) to the credit of IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), within a period of two weeks without prejudice to his rights and contentions before the trial Court; [c]the petitioner/A2 shall report before the respondent police every Monday at 10.30 a.m. until further orders; [d] the petitioner/A2 shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioner/A2 shall not abscond either during investigation or trial;

[f]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the the petitioner/A2 in accordance with law as if the conditions have been imposed and the petitioner/A2 released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[g] If the petitioner/A2 thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 05/05/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

skn/vsd

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE JUDICIAL MAGISTRATE NO.3, TIRUNELVELI, TIRUNELVELI DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3.THE INSPECTOR OF POLICE, SEELVALAPERI POLICE STATION, SEEVALAPERI, TIRUNELVEI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO THE CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI-9

ORDER

IN CRL OP(MD) No.6518 of 2021 Date : 05/05/2021.

VB AKM SAR I(18/05/2021) 3P / 6C